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TMI BlogAmendments to the Code of Civil Procedure, 1908 by the Amendment Act 46 of 1999 and Amendment Act 22 of 2002 upheld by the Supreme Court.X X X X Extracts X X X X X X X X Extracts X X X X ..... the writ petition. The court declined the request to withdraw the writ petition. The petition had been filed in public interest. The amendments sought to be made by the above amendment acts (Amendment Act 46 of 1999 and Amendment Act 22 of 2002) have been challenged but the hon'ble apex court refused to strike down the aforesaid amendments on the ground that there was no infirmity in the same. Summons to the Defendant within 30 days. A clarification was sought on an amendment made to Section 27 dealing with summons to the defendant. It has to be done within 30 days from the date of the institution of the suit. The hon'ble court clarified that object of this section is to avoid long delay in issue of summons for wan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amendment work. It being suggested to form a Committee to ensure that the amendments made become effective and result in quicker dispensation of justice. Any creases which require to be ironed out can be identified and apprehensions which may exist in the minds of the litigating public or the lawyer's clarified. A model case management formula as well as rules and regulations which should be followed while taking recourse to the ADR (Alternative Dispute Resolution) is referred to in Section 89. The model rules, with or without modification, which are formulated may be adopted by the High Courts concerned for giving effect to Section 89(2)(d). Intra Court Appeal. Section 100A which deals with intra-court appeals was absol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Order 16 Rule 1 provides for list of witnesses being filed and summons being issued to them for being present in court for recording their evidence. Rule 1A, on the other hand, refers to production of witnesses without summons where any party to the suit may bring any witness to give any evidence or to produce documents. Held by the apex court, reading the provisions of Order 16 and Order 18 together it appears to us that Order 18 Rule 4(1) will necessarily apply to a case contemplated by Order 16 Rule 1A, i.e. where any party to a suit, without applying for summoning under Rule 1 brings any witness to give evidence or produce any document. In such a case, examination-in-chief is not to be recorded in court but shall be in the form of an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rily applications are not filed primarily with a view to prolong the trial. The contention of the counsel as to deletion may cause hardship to the litigants was not accepted by the hon'ble court. Memorandum of Appeal. Rule 9 which was inserted in Order 41 states of Registry of memorandum of appeal . The court from whose decree an appeal lies shall entertain the memorandum of appeal and shall endorse thereon the date of presentation and shall register the appeal in a book of appeal kept for that purpose. This book be called the register of appeal. It being a clear proposition of law that an appeal is to be filed under Order 41 Rule 1 in the court in which it is maintainable. Order 41 Rule 9 contemplates that a copy of me ..... X X X X Extracts X X X X X X X X Extracts X X X X
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